Indian Kanoon- IPC Section 85 Act of a person incapable of judgement by reason of intoxication caused against his will.

Provision

Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Simply Put

This section means if an act is committed by a person who at the time of comitting the act was under the influeance of intoxication and was unable to know the nature of act, also that the intoxication must be against his will or without his knowledge. For eg swathi went to part with her friends there her friends forcefully made her drink alchol, so much that she wasn't able to say anything properly in that state Meena started fighting with her, swathi pushed meena down stairs and she died, since she was a lot intoxicated and it was not voluntary drinking she'll be exempted from the said offence.

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In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm

Nothing, which is not intented to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm.

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